People v. Dal Collo
Case Date: 03/06/1998
Court: 3rd District Appellate
Docket No: 3-96-0728
_________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 1998 THE PEOPLE OF THE STATE ) Appeal from the Circuit Court OF ILLINOIS, ) of the 9th Judicial Circuit, ) Knox County, Illinois Plaintiff-Appellee, ) ) v. ) No. 96--CF--32 ) ANGELO DAL COLLO, ) Honorable ) Stephen C. Mathers Defendant-Appellant. ) Judge, Presiding _________________________________________________________________ PRESIDING JUSTICE McCUSKEY delivered the Opinion of the court: _________________________________________________________________ Following a jury trial, the defendant, Angelo Dal Collo, was convicted of unlawful possession of contraband in a penal insti- tution (720 ILCS 5/31A--1.1 (West 1996)). He was subsequently sentenced to a seven-year term of imprisonment, to be served consecutively to his current term. On appeal, the defendant argues: (1) the State failed to prove him guilty beyond a reasonable doubt; and (2) the trial court erred at sentencing when it considered the threat of serious harm as an aggravating factor. After a careful review of the record, we affirm. FACTS At trial, correctional officer Charles Garrison testified that on December 3, 1995, he was performing random pat-down searches of inmates returning from the gymnasium at Hill Correc- tional Center. Garrison stopped the defendant as he came out of the gymnasium and proceeded to pat him down. In the course of the search, he found a broken file clip in the defendant's front jeans pocket. Garrison further testified that the clip was made of metal and was approximately 2 to 2 |